Kara Sears
The United States acquired sovereignty of Alaska from the Russian Empire in 1867, with the acquisition of new territory justified by international law in three ways: treaties of cession, conquest, or the occupation and settlement of vacant lands. However, the United Nations Charter outlaws the use of force in international relations, and territorial claims based on the settlement of inhabited countries are no longer recognized. This means that the United Nations could potentially question the United States' claims to Native land in Alaska and raise the possibility of a separate Native nation in the Arctic. Furthermore, new U.S. claims to seabed territory off Alaska have been challenged by Russia, which has staked territorial claims to most of the Arctic Ocean, creating complexities in the maritime relationship between the two nations.
| Characteristics | Values |
|---|---|
| International recognition of Alaska as a US state | The United Nations recognised Alaska as a US state in 1959 |
| Basis of US claim to Alaska | Occupation settlement, i.e. the historical fact that Euro-Americans went to Alaska and stayed there |
| UN recognition of territorial claims based on settlement | No, since 1928 |
| UN recognition of territorial claims based on racial discrimination | No, since the 1920s |
| UN recognition of territorial claims based on the settlement of an inhabited country | No, since 1975 |
| UN recognition of territorial claims based on treaties or agreements with the Native population | Yes |
| Possibility of UN reconsideration of Alaska's status | Yes, there is a precedent in Puerto Rico |
| US participation in UN Convention on the Law of the Sea | No |
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What You'll Learn
International Court of Justice at The Hague
The International Court of Justice (ICJ), seated in the Peace Palace in The Hague, is the principal judicial organ of the United Nations. It is the only principal UN organ not located in New York City. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, the League and the PCIJ were replaced by the United Nations and ICJ, respectively.
The ICJ is one of the six principal organs of the United Nations (UN), and is located in The Hague, Netherlands. The ability to file a case before the ICJ is limited exclusively to recognised governments of states. All member states of the UN are party to the ICJ Statute and may initiate contentious legal cases; however, advisory proceedings may be submitted only by certain UN organs and agencies. The ICJ consists of a panel of 15 judges elected by the UN General Assembly and Security Council for nine-year terms. No more than one judge of each nationality may be represented on the court at the same time, and judges collectively must reflect the "main forms of civilisation and the principal legal systems of the world".
The official working languages of the ICJ are English and French. Since the entry of its first case on 22 May 1947, the ICJ has managed 191 cases through 13 November 2023. Pursuant to Article 59 of the Statute of the International Court of Justice, the court's rulings and opinions are binding on the parties with respect to the particular case ruled on by the court. The ICJ is the only international court that settles disputes between the 193 UN Member States.
The ICJ has been involved in several notable cases, including:
- In 2020, The Gambia v Myanmar, where Myanmar was ordered to protect its minority Rohingya population and address the destruction of evidence related to genocide allegations.
- In 2025, the ICJ delivered its order on the request for the indication of provisional measures submitted by Sudan in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in Sudan (Sudan v. United Arab Emirates).
- In 2025, the ICJ delivered its judgment in the case concerning Land and Maritime Delimitation and Sovereignty over Islands (Gabon/Equatorial Guinea).
- In 2019, the ICJ delivered its judgment in a case involving the US and Iran.
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United Nations Charter
The United Nations Charter is the founding document of the United Nations. Signed on 26 June 1945, in San Francisco, it came into force on 24 October 1945. The Charter is an international treaty and, as such, is an instrument of international law. UN Member States are bound by the Charter, which codifies the major principles of international relations.
The Charter establishes the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat. The General Assembly consists of all UN Members, with each Member having no more than five representatives. The Assembly may discuss any matters within the scope of the Charter or relating to the powers and functions of any organs provided therein, and may make recommendations to the Members or the Security Council.
The Charter outlines the sovereign equality of all Members, who must act in accordance with the following principles: Members must settle international disputes by peaceful means, refrain from the threat or use of force against the territorial integrity or political independence of any state, and fulfill in good faith the obligations assumed by them under the Charter. Members must also give the United Nations every assistance in any action it takes in accordance with the Charter and must refrain from assisting any state against which the UN is taking preventive or enforcement action.
The Charter further states that membership in the United Nations is open to all peace-loving states that accept the obligations contained in the Charter and are able and willing to carry them out. The admission of any such state is decided by the General Assembly upon the recommendation of the Security Council. A Member that persistently violates the principles of the Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
The United Nations Charter also outlaws the use of force in international relations. This includes measures taken by colonized peoples to free themselves from foreign rule, with the only legitimate use of violence being in self-defence.
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Stimson Doctrine of Non-Recognition
The Stimson Doctrine of Non-Recognition is a policy of nonrecognition of states created as a result of a war of aggression. It was adopted in the 1930s and stated that the United States government would not recognize territorial changes brought about by force alone. The doctrine was named after Henry L. Stimson, the US Secretary of State in the Herbert Hoover administration (1929–1933).
The Stimson Doctrine was first applied following Japan's unilateral seizure of Manchuria in northeastern China in 1931. In a note of January 7, 1932, to the Empire of Japan and the Republic of China, the United States enunciated its policy of nonrecognition of international territorial changes imposed by force. The doctrine was an application of the principle of ex injuria jus non oritur.
The Stimson Doctrine attracted the attention of the League of Nations, which adopted a resolution on March 11, 1932, stating that members of the League of Nations should not recognize any situation, treaty, or agreement brought about by means contrary to the Covenant of the League of Nations or the Pact of Paris. The doctrine also acquired legal force for the members of the Organization of American States after it was included in the Saavedra Lamas Treaty and the Montevideo Convention of 1933 and later in the Charter of the Organization of American States of 1948.
The Stimson Doctrine became the foundation for sections of the UN Charter dealing with the inviolability of recognized borders and territorial integrity. It was invoked by US Undersecretary of State Sumner Welles in the Welles Declaration on July 23, 1940, which announced nonrecognition of the Soviet annexation and incorporation of the three Baltic states: Estonia, Latvia, and Lithuania. This remained the official US position until the Baltic states regained independence in 1991. The doctrine has also been applied in other situations, such as the US refusal to recognize the Mexican Revolutionary governments in 1913 and Japan's Twenty-One Demands upon China in 1915.
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United Nations Convention on the Law of the Sea
The United States acquired sovereignty of Alaska from the Russian Empire in 1867. At the time, international law recognized three ways a country could acquire new territory: treaties of cession, conquest, or the occupation and settlement of "vacant" lands. The strongest argument for the US claim to Alaska has been occupation settlement—the historical fact that Euro-Americans went to Alaska and settled there.
However, in 1975, the International Court of Justice at The Hague refused to recognize territorial claims based on the settlement of an inhabited country. This meant that the US claims to Alaska, which were fairly strong in 1867, have been growing weaker since the 1920s when international law began to reject claims based on force and racial discrimination.
The United Nations Charter outlaws the use of force in international relations, and the General Assembly has made it clear that colonized peoples' rights of self-determination and territorial integrity cannot be taken away by any "forcible action". The only legitimate use of violence in contemporary United Nations law is in self-defense, including measures taken by a colonized people to free itself from foreign rule.
The United States' role in organizing the 1928 Kellogg-Briand Pact, which outlawed the acquisition of territory by force, and in promoting the Stimson Doctrine of Non-Recognition, which called on all countries to disregard territorial claims based on aggression, further weakens its claim to Alaska.
Reconsideration of Alaska's status is still possible, as there is a precedent for this: after approving Puerto Rico's association with the United States in 1953, the United Nations reopened the matter in 1972 and it is still under review.
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Alaska's statehood
Alaska's path to statehood was a long and complex process, spanning several decades. From 1867 to 1884, Alaska was considered a military district of the United States, known as the Department of Alaska and controlled by the federal government. In 1884, it was reorganised into the District of Alaska, allowing for the establishment of a judicial district and the appointment of government officials. During this time, the United States acquired Alaska from the Russian Empire, with negotiations beginning in 1843 and concluding in 1867.
In 1912, Alaska became the incorporated Territory of Alaska, with an elected legislature, although the federal government retained control over key areas such as fishing, gaming, and natural resources. The first bill for Alaska's statehood was proposed in 1916 by James Wickersham, a delegate to Congress, but it ultimately failed due to a lack of interest among Alaskans and discrimination against the territory.
It wasn't until the decade after World War II that the push for statehood gained momentum. In 1955, the Alaska legislature held a constitutional convention and drafted a constitution. The following year, Alaskans ratified the state constitution and elected representatives to lobby for statehood in Washington, D.C. On May 28, 1958, the U.S. House of Representatives passed the Alaska statehood bill, and the U.S. Senate followed suit on June 30. President Dwight Eisenhower signed the bill into law on July 7, 1958. Alaskans affirmed their wish for statehood in a special election held on August 26, 1958.
Finally, in January 1959, Alaska officially became the 49th state admitted to the Union, with Hawaii joining later that year as the 50th state. This marked the end of Alaska's long journey to statehood and solidified its place as an integral part of the United States.
It is worth noting that the international legal status of Native Alaska is a separate matter. The United Nations' recognition of Alaska's statehood in 1959 may have prevented the possibility of a separate Native nation in the Arctic, as international law began to reject claims based on force and racial discrimination. However, the reconsideration of Alaska's status is still possible, as seen in the case of Puerto Rico.
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Frequently asked questions
If you are a U.S. citizen and your Alaska cruise begins and ends in the same U.S. port, you are not currently required to travel with a passport. However, it is highly recommended that you carry a valid passport. If you are not a U.S. citizen, you will need a valid passport and may also need to obtain a visa, depending on your country of citizenship.
As of 2021, there were no COVID-19 restrictions at the Canadian border for entering Alaska. However, you should check for the most up-to-date information as restrictions may change.
Yes, as of 2020, visitors to Alaska were required to quarantine for two weeks upon arrival.
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